[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54384-54385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27707]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-97-018]
RIN 2115-AE47
Drawbridge Operation Regulations; Bronx River, NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
Bruckner Boulevard Bridge, over the Bronx River in the Bronx, New York.
In addition, the location of the bridge in this section will be more
clearly identified and redundant language regarding openings for public
vessels and vessels in distress is removed. The owner of the bridge has
requested that a 4 hours notice for openings be provided, except
between 7 a.m. and 9 a.m. and 4 p.m. and 6 p.m., Monday through Friday,
when the bridge need not open for the passage of vessels. This change
is expected to provide for the needs of navigation and relieve the
bridge owner of the burden of crewing the bridge at all times.
DATES: This final rule is effective November 19, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. J. Arca, project officer, First
Coast Guard District, Bridge Branch at the Battery Park Bldg., New
York, New York 10004. The telephone number is (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 30, 1997, the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulations; Bronx River,
New York'' in the Federal Register (62 FR 23410). The Coast Guard
received two comments on the notice of proposed rulemaking. No public
hearing was requested, and one was not held.
Background and Purpose
The Bruckner Boulevard Bridge, at mile 1.1, over the Bronx River in
the Bronx, New York, has vertical clearances of 27' above mean high
water (MHW) and 34' above mean low water (MLW) in the closed position.
The
[[Page 54385]]
existing rules at 33 CFR part 117.771(a) require the Bruckner Boulevard
Bridge to open on signal, except during designated rush hour periods.
On September 27, 1988, the Coast Guard approved plans for the
rehabilitation of the bridge. To facilitate the work, a temporary final
rule (54 FR 18281, April 28, 1989) was approved, permitting the bridge
to remain closed for 36 months from April 9, 1989, through April 9,
1992. Prior to the rehabilitation of the bridge, there were three
openings recorded in 1988. Since the rehabilitation was completed in
1992, there have been no requests for openings.
Discussion of Comments and Changes
Two comments were received in response to the notice of proposed
rulemaking. Both offered no objection.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
This conclusion is based on the fact that this rule will not prevent
mariners from passing through the bridge as long as they provide four
hours advance notice. This rule will not prevent mariners from passing
through the Bruckner Boulevard Bridge so long as they provide advance
notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities.
Small entities include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdiction with
populations of less than 50,000. For the reasons discussed in the
Regulatory Evaluation above, the Coast Guard has determined that this
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, (as revised by 60 FR 32197, June 20, 1995), this
rule promulgates operating regulations for drawbridges and is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--[AMENDED]
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.771 is revised to read as follows:
Sec. 117.771 Bronx River.
(a) The draw of the Bruckner Boulevard Bridge, mile 1.1, at the
Bronx, New York, shall open on signal if at least 4 hours notice is
given to the New York City Department of Transportation (NYCDOT) Radio
Hotline, or NYCDOT Bridge Operations office, except that between 7 a.m.
and 9 a.m., and 4 p.m. and 6 p.m. Monday through Friday, the bridge
need not be opened for the passage of vessels.
(b) The draw of the Conrail Bridge, mile 1.6 at the Bronx, New
York, need not be opened for the passage of vessels.
(c) The owners of the Bruckner Boulevard Bridge, mile 1.1, and the
Conrail Bridge, mile 1.6, both at the Bronx, New York, shall provide
and keep in good legible condition two clearance gauges designed,
installed and maintained in accordance with the provisions of
Sec. 118.160 of this chapter.
Dated: September 29, 1997.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 97-27707 Filed 10-17-97; 8:45 am]
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